IP Watchdog

APRIL 10, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

Licensing 126

Licensing Fair Use Copying Copyright 126

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. You can see his previous posts for us here. New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. Controversy” [8] : The Litigation.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

Velocity of Content

JANUARY 31, 2023

This article was originally published in The Scholarly Kitchen. I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. An analogous situation involving open software licenses (GNU and the like) is now being litigated.

Licensing 98

Licensing Fair Use Journalism Publishing 98

IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. that the U.S.

Fair Use 124

Fair Use Licensing Art Music 124

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP Watchdog

FEBRUARY 27, 2023

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections.

Copyright 128

Copyright Fair Use Derivative Work Licensing 128

Plagiarism Today

OCTOBER 4, 2022

Last week, Moss summarized the history of the case in an article that is well worth reading. Implied License – Second, Take-Two could have argued that, by placing the tattoo on Randy Orton, that Alexander granted an implied license for it to be used as part of his image, including on TV, film and video games.

Copyright 203

Copyright Fair Use Licensing Copyright Infringement 203

LexBlog IP

JUNE 27, 2023

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . These elements are almost certainly just useful articles and not protectable under copyright.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. This is how her picture might look on some useful articles: Who doesn’t love a hula-hooping cat? 17 U.S.C. § 17 U.S.C. § Paging Section 113(c).

Copyright 96

Copyright Derivative Work Artwork Fair Use 96

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. Oracle , should have been decided by the trial judge.

Fair Use 80

Fair Use Designs Design Licensing 80

IP Tech Blog

NOVEMBER 29, 2023

Netflix moved to dismiss the complaint on, among other grounds, fair use. In finding in defendant’s favor, the Court weighed the different factors of the Fair Use Doctrine. Accordingly, the court found against the tattoo artist because Netflix’s use was “fair use.” Lynn Goldsmith, et al. ,

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

OCTOBER 17, 2022

” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” GmbH has registered trademarks in the dictionary word “Emoji.” How messed up?

Trademark 110

Trademark Fair Use Registration Licensing 110

LexBlog IP

NOVEMBER 28, 2023

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

Velocity of Content

MAY 1, 2024

This article appears in the Information Today May 2024 print issue. 29 town hall, The Heart of the Matter: Copyright, AI Training and LLMs, presented a comprehensive case that AI systems do infringe copyrights and called for a licensing system to compensate content owners. Fair use loomed large among those rights.

Fair Use 52

Fair Use Copying Licensing Copyright 52

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. The analysis below will focus on the EU TDM exceptions, especially Article 4 CDSM Directive.

Copyright 137

Copyright Fair Use Copyright Law Law 137

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. According to Davis, he used the prompt “sparse matrix transpose, cs_” only to have Copilot produce code very similar to his earlier, open-source work. My code on left, github on right.

Licensing 224

Licensing Copying Fair Use Litigation 224

Copyright Lately

AUGUST 22, 2021

The complaint raised concerns that Dolezal was using copyright law to purge the historical record of her controversial past, while seeking substantial monetary damages in the process. The defendant, CBS Interactive, had a solid fair use defense, but never needed to assert it.

Copyright 89

Copyright Fair Use Settlement Designs 89

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .”

Fair Use 52

Fair Use Derivative Work Art Licensing 52

IPilogue

OCTOBER 28, 2021

In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. The Act defines a “useful article” as having a utilitarian function, which encompasses most clothing. There are notable exceptions.

Intellectual Property 116

Intellectual Property Designs Design Copyright 116

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 120

Copyright Blogging Publishing Fair Use 120

SpicyIP

FEBRUARY 17, 2023

They argued that the Plaintiffs were required to pay royalty and other consideration under the assignment agreements to the authors in exchange for “ exclusive right to publish and distribute the articles ”. For articles published under the subscription model, the authors typically transfer copyright to Elsevier.”

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

LexBlog IP

NOVEMBER 2, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. How will copyright affect the commercial use of AI-generated content?

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. How will copyright affect the commercial use of AI-generated content?

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Fair Use: The Executive Order encourages data sharing and research. Fair use and licensing agreements become significant concerns, as AI developers utilize existing datasets and copyrighted content for training and testing. How will copyright affect the commercial use of AI-generated content?

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

Litigation against generative AI started in 2022 with a class action launched against Copilot , an AI trained to generate computer code using examples from Github. It ramped up further in the first weeks of 2023 with a UK action by Getty Images against Stability AI and a class action against Stability AI and others in the US.

Copyright 145

Copyright Art Fair Use Registration 145

Kluwer Copyright Blog

DECEMBER 12, 2023

The US’ fair use provision seems most permissive (at least until current litigation is resolved), followed by the Japanese provision on TDM under Article 30-4 that allows use of works for non-enjoyment purposes ( see here ). However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).

Copyright 76

Copyright Derivative Work Music Designs 76

Patently-O

DECEMBER 11, 2023

The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Technology & Marketing Law Blog

AUGUST 29, 2022

Books and Academic Articles. I have a backlog of mostly-completed articles that are not posted yet: Zauderer and Editorial Transparency Laws. Other Articles and Advocacy. How Fair Use Helps Bloggers Publish Their Research , Association of Research Libraries blog, Feb. Also looking for comments. Blog Posts.

Editing 89

Editing Social Media Blogging Advertising 89

Kluwer Copyright Blog

APRIL 25, 2024

High profile litigation and media-covered controversies have drawn wide-spread attention to the essential role that pre-existing works play in the process of “teaching” an AI to “think.” Only one witness is quoted as having argued that such uses should be licensed by collective societies.

Copyright 69

Copyright Government Copyright Law Reporting 69